Landlord Wins Personal Use Case: Pinard v Spences-lee 2024
Toronto tenant evicted for landlord's personal use, ordered to pay $12040
Summarized by RentZenLast updated: October 13, 2024
Case Summary
17 Sorauren Av, Toronto, ON M6R2C6
Decision in favor of
landlord
Balance Owed to Landlord
$12,040
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Nov 2023
Order Date
Mar 12, 2024
Tenancy End Date
Apr 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to the Landlord's good faith requirement of the rental unit for their own personal use for at least one year.
Determinations
- Landlord served valid N12 notice
- Tenant was in possession on application date
- Rent due on 15th of each month at $985.44
- Landlord filed affidavit for personal use
Arguments and Actions
Landlord
Actions
Landlords testified that they purchased the property in 2021 and have been residing in the upstairs unit, but now require the entire home for their own personal use as they are trying to start a family and need more space for a home office and nursery.
Tenant
Arguments
Tenant argued that the Landlords do not have a genuine intent to occupy the unit and are instead trying to evict her to get a higher market rent. She also argued that eviction would have a detrimental effect on her financially and emotionally due to her mental health challenges and low income.
Actions
Tenant testified that she has known the Landlords since 2021 when they purchased the home, and that she had a good relationship with them until last summer when she was served with the N12 notice. She believes the Landlords are retaliating against her for being late on rent payments during COVID.
Decision Summary
The Landlord's application to terminate the tenancy and evict the Tenant for the purpose of personal use is granted. The Tenant must vacate the unit by April 30, 2024. If the Tenant does not vacate by that date, the Landlord may file the order with the Sheriff for enforcement. The Tenant owes the Landlord $12,040.35 in compensation for use and occupation of the unit, less the rent deposit and interest.
Reason for Eviction Relief
Considering the Tenant's circumstances, including her mental health challenges and financial situation, it would not be unfair to postpone the eviction until April 30, 2024.
Adjudicator Details
LTB Member
Total Orders
948
Landlord Favorable
86.0%
Tenant Favorable
8.3%
Mutual Agreement
5.7%
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Financial Details
Lawful Rent
$985
Rent Deposit
$950
Deposit Interest
$32
Other Owed Amount
$13,022
Compensation for use and occupation of unit from Oct 15, 2022 to Nov 30, 2023
Total Owing
$12,040 (Owed to Landlord)
Source
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